Ocean protection: NGOs file complaint with Brussels demanding a halt to bottom trawling in "protected" marine areas

In some European marine protected areas , deep-sea trawling is still permitted. This destructive fishing technique, which aims to indiscriminately scrape the seabed, is at the heart of a complaint filed Tuesday, March 29, by five associations with the European Commission.

These European organizations – the Environmental Justice Foundation, Blue Marine Foundation, ClientEarth, Défense des milieux aquatiques and the Deutsche Umwelthilfe (German Foundation for Environmental Protection) – accuse France, Germany and Italy of "seriously and systematically failing in their duty to protect vulnerable marine ecosystems, in violation of European law."

Provided for by European law, this procedure stipulates that, after being notified, Brussels evaluates the complaint, before deciding whether to file it or launch infringement proceedings against the Member States concerned.

The European Union's environmental legislation, notably the Habitats Directive, imposes measures to protect marine life , "but the reality is quite different," these NGOs point out. According to them, European governments continue to authorize devastating fishing techniques in marine protected areas, destroying fragile habitats.

Despite the entry into force of this directive since 1992, "90% of protected marine habitats and species in France remain in a poor state of conservation, due to a lack of application" of real protection measures , underlines Philippe Garcia, president of the NGO Defense of Aquatic Environments.

And the scale of the problem is alarming: bottom trawling is currently practiced in 77% of French Natura 2000 marine sites, 85% of German sites and 44% of Italian sites, areas supposed to be safe havens for marine wildlife.

"The complaint concerns fifteen Natura 2000 marine sites where there is ample evidence that bottom trawling continues unrestricted, damaging sensitive habitats such as reefs, seagrass beds, and sandbanks," the associations state. Proceedings have also been initiated before French and German courts.

“We call on the European Commission to act decisively and urgently: to initiate infringement proceedings, enforce EU legislation, and ensure its Ocean Pact is more than just a declaration,” said Marie Colombier, Ocean Campaigner at the Environmental Justice Foundation. “These laws are not optional. Failure to comply with them will destroy marine life, the health of our oceans, and the future of fishing communities across Europe.”

"The German authorities acknowledged last year that bottom trawling was the main cause of habitat degradation in the North Sea, but they are not taking any action," criticizes Svane Bender, head of the nature conservation department at Deutsche Umwelthilfe.

The referral to the European Commission may not necessarily be successful, but according to NGOs, it has the merit of raising awareness of the impact of bottom trawling, in the run-up to the United Nations Ocean Conference (UNOC 3), which will be held from June 9 to 13 in Nice. "The complaint at the European level is a lengthy procedure, but it is a strategic lever to demonstrate the scale of the problem," says Marie Colombier.

The European Commission must respond within one year of receiving the complaint. It may decide to initiate infringement proceedings against the countries concerned or to close the case. The Foundation for Environmental Justice and the NGO Defense of Aquatic Environments already filed a lawsuit in February against the French government for authorizing bottom trawling in its marine protected areas.

However, in line with its commitments to protect biodiversity, the European Union plans to phase out this criticized fishing technique in its marine protected areas by 2030.